Lasting Power of Attorney:
The Basics

Following on from in our series of ‘The Basics’, this week we look at Lasting Powers of Attorney and some of the questions we are frequently asked, such as:

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What is a Lasting Power of Attorney?

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Why is a Lasting Power of Attorney important?

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What happens if I don’t have a Lasting Power of Attorney in place?

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Can I put a Lasting Power of Attorney in place after being diagnosed with Dementia?

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What’s involved in making a Lasting Power of Attorney?

So, let’s get going…

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document that you put in place to name someone (or more than one person) that you know and trust as your Attorney or Attorneys. As your Attorney, they will have the ability to make decisions for you if you lose mental capacity in the future or even if you would prefer them to make decisions for you now in relation to your finances.

There are two types of Lasting Power of Attorney, one in relation to Property and Financial Affairs and another in relation to Health & Welfare. You can appoint the same, or different, people to be your Attorneys in relation to the two different types.

Why is a Lasting Power of Attorney important?

Why is a Lasting Power of Attorney important? Or, what happens if I don’t have a Lasting Power of Attorney in place? Both of these questions arrive at a very similar answer…

We are all living longer and statistics show that 1 in 3 of us will develop Dementia. It is vital to release the burden from loved ones to allow them to access your money and pay for care for example. Banks can freeze accounts if capacity is lost, regardless of account signatories and medical professionals make decisions for you without having to consult your loved ones. A Lasting Power of Attorney negates these issues.

A Lasting Power of Attorney, for your property and financial affairs, can be put into place straight away meaning that even if you are out of the country, or temporarily incapacitated, your Attorney can help out and make decisions for you or undertake actions for you where otherwise you would need to be physically present.

Can I put a Lasting Power of Attorney in place after being diagnosed with Dementia?

We are massive advocates for getting your Lasting Powers of Attorney in place at a young age, even if the concept of ever needing them seems in the very distant future BUT…

A Lasting Power of Attorney must be put in place whilst the Donor (the person giving the Power) has capacity and a Certificate Provider (that can be us!) is required to certify this in order for the Power to be registered by the Office of the Public Guardian.

So, once diagnosed with dementia is it too late to make a Lasting Power of Attorney?

Whether you can make a Lasting Power of Attorney after being diagnosed with Dementia will depend on how soon the diagnosis takes place and whether the individual that has been diagnosed has lucid or ‘good’ days and is still of sound mind.

If the individual still has lucid days where they are clear on their finances, current affairs and appear to be unaffected by the Dementia, then it may well be that a Lasting Power of Attorney can be prepared at this time and instructions taken from the individual. A Certificate Provider will meet with the individual and go through, carefully and sensitively, the current circumstances and ask questions as to that individual’s circumstances and personal affairs as well as current affairs in the news and media to ascertain their general capacity and mental wellbeing. If the Certificate Provider is content that the Donor has capacity, then the Lasting Power of Attorney can be applied for.

You can find out more in our article – Is it too late to make a Lasting Power of Attorney once being diagnosed with Dementia?

What is involved in making a Lasting Power of Attorney?

The documents for a Lasting Power of Attorney can be quite daunting BUT, there is no need to worry!

We will meet with you and discuss all of the options and your requirements, and answer all your questions, and then complete all of the documents for you.

We will then return to you, so that all of the documentation can be signed in the correct order and in the correct places (we will also act as witness and certificate provider where appropriate).

We then liaise with your Attorneys to get all of the documentation signed correctly and get everything sent off to the Office of the Public Guardian for registration.

If you have any questions, or would like a FREE consultation, please call us on 01727 865121 or drop us an email Info@TotalLegacyCare.co.uk

Leah Waller

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25th June 202025th June 2020

What are my rights & Responsibilities as an Attorney?

Advice for Attorneys
What are my Rights & Responsibilities as an Attorney?

Being appointed as an Attorney is a privilege BUT can often be seen as a daunting task.

So, let’s take a look at some of our advice and top tips for Attorneys…

Responsibilities

As an Attorney, you can make decisions on behalf of the person that has appointed you as an Attorney (the Donor) BUT you must always act in their BEST INTERESTS.

As an Attorney you MUST:

assume that the Donor can make their own decisions unless it is established that they cannot;
help the Donor to make their own decisions and take practical steps to assist with this. Only if you are not successful with this, can you make a decision yourself;
not treat the Donor as unable to make a decision just because they are making a decision that you believe to be unwise;
make decisions and act in the Donor’s best interest;
make decisions or act in a way that is the least restrictive on the Donor’s rights and freedoms whilst still achieving the purpose.

Rights

Your rights as an Attorney may depend on HOW YOU HAVE BEEN APPOINTED and whether the Donor has stated any PREFERENCES AND INSTRUCTIONS within the Lasting Power of Attorney document.

Where more than one Attorney has been appointed by the Donor then they have the choice to appoint the Attorneys to act:

Jointly & Severally

This is the most common option as it offers the most flexibility and allows the Attorneys to make decisions together, where possible or separately where it is not possible for all Attorneys to be together to make a decision.

This is particularly helpful where urgent decisions are required as it does not require all Attorneys to agree a unanimous decision.

This also means that the LPA will not be cancelled if just one Attorney can no longer act, where there are no replacement Attorneys named.

Jointly

Where Attorneys are appointed JOINTLY then ALL Attorneys must unanimously agree on a decision in order for it to be taken. If a unanimous decision cannot be agreed, then the decision cannot go ahead.

This could be difficult where Attorneys do not get on or cannot work together.

If one Attorney is unable to continue acting, or dies, then the LPA will be cancelled (unless there are Replacement Attorneys named) as where Attorneys are appointed JOINTLY, the law sees them as one unit, rather than as individuals.

Jointly for Some Decisions & Jointly and Severally for Other Decisions

With this option, the Donor can write specific preferences and instructions to the Attorneys as to what decisions must be made JOINTLY (unanimously) and the remaining decisions, that fall outside the scope of those specified by the Donor, can then be made either JOINTLY or SEVERALLY.

WHEN YOU CAN MAKE DECISIONS as an Attorney will depend on the Power given by the Donor.

In relation to Health & Welfare decisions, an Attorney can only act when the Donor no longer has capacity to make the decision for themselves (and this is assessed on a decision by decision basis).

In relation to Property & Financial Affairs, the Donor can choose whether an Attorney can act as soon as the LPA is registered or only after they have lost mental capacity.

Remember, your role as an Attorney is to EMPOWER the person that has appointed you as an Attorney and to help them make decisions for themselves or to take those decisions for them, in their best interest and as they would have done, had they been able to do so.

An Attorney must STOP acting if:

they lose mental capacity;
become bankrupt (if they are appointed as a Property & Financial Affairs Attorney);
become subject to a Debt Relief Order (if they are appointed as a Property & Financial Affairs Attorney);
they decide that they no longer want to act as an Attorney;
they were the husband, wife or civil partner of the Donor and have legally ended that marriage or civil partnership with the Donor.

If you have any questions please do not hesitate to get in touch for a FREE consultation.

If you would like a FREE chat to discuss your options, get in touch on info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

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28th May 202028th May 2020

DEMENTIA…What have you done about it?

DEMENTIA...What have you done about it?

Someone in the UK is diagnosed with Dementia every three seconds!

That is an absolutely staggering statistic and one that many of us know, or have heard but still don’t realise the enormity of it…until it affects us personally (whether that be by a diagnosis to us or a close family or friend).

Although, at present, there is no cure for Dementia (or prevention!), there are steps that we can take to reduce our risk – why not check out our website DementiaTLC.co.uk – for some tips and advice.

There are also measures that we can put in place to help protect us should we lose capacity, Lasting Powers of Attorney for Health & Welfare and Property & Financial Affairs.

For many, the thought of appointing Attorneys to act for them is overwhelming and the thought of tempting fate is just a bit too much, HOWEVER…what if that step isn’t taken?

Capacity isn’t only lost by those with their affairs in order, it can hit any of us at any stage of our lives.

One major question for our clients is…who is the right person to choose as your Attorney?

Well, you don’t just have to pick one! You can pick up to four and you can also appoint replacement Attorneys should your Attorneys be unable to act.

Attorneys should be the people you know and trust the most to make the decisions you would have made had you had the capacity to do so. Thus common choices are, a spouse, siblings, children (over the age of 18), cousins, close friends and other family members.

There is no right answer or ‘one size fits all’.

Once you have your Lasting Powers of Attorney in place, you have the peace of mind knowing that should something awful happen and you be left without capacity (whether temporarily or permanently), you have the people that you trust most in the world to look after your decisions and ensure that your affairs are in order and kept in the way you would have wanted.

We can help ensure the process is smooth and efficient as possible, going through all of your questions and even speaking with your Attorneys if you would find this useful. We can manage the entire process and ensure that your Lasting Powers of Attorney are registered and available for you to use when you need them most.

If you would like a FREE chat to discuss your options, get in touch on info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

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13th November 201923rd April 2020

Starting a conversation about the ‘Elephant in the Room’

Starting a conversation about the ‘Elephant in the Room’

With over 30million people in the UK without a Will, there are so many reasons that it is one of those things that gets put off, moves down the ‘To-Do List’ and sometimes just never ever gets done BUT it doesn’t have to be the difficult conversation that many expect!

Many of us put off making a Will because we don’t want to tempt fate or presume that those we want to take care of will be able to inherit our assets anyway but that isn’t always the case.

Where there is no Will, the Rules of Intestacy kick in and this means that you lose control over who you would want to inherit and this is chosen for you…

So, if you are one of those 30million that have been putting off making a Will, or have a Will that may need updating, why not take a look at some of these considerations…

Who do you want to inherit your Estate?

We all would like to think we are immortal, right?

Unfortunately, that isn’t the case and so we should have consideration for who we would want to benefit from everything we have worked hard for, when we are no longer around.

This will depend on your circumstances and is likely to change at different stages of your life, depending on your relationships, children, grandchildren, nieces and nephews, perhaps even godchildren or second marriages.

Estate Valuation

The value of your Estate is calculated by totalling everything that you possess, own or have an interest in at the date of your death (this will include property – residential, buy-to-lets, commercial and holiday homes), money, bank accounts, savings, ISAs, Stocks & Shares, Cars, Jewellery and personal possessions.

Any liabilities or debts will then be deducted from this total, including mortgages, loans, utility bills, credit cards plus any funeral expenses.

Inheritance Tax

If your Estate valuation totals more than £325,000 then you may have an Inheritance Tax Liability. However, there are other reliefs available including relief if you are leaving your residential property to direct descendants, if you have any business assets and if you are married or in a civil partnership and leaving your estate to your spouse or civil partner. It is worthwhile seeking advice from a professional in order to ensure you are taking advantage of all the reliefs that may be available to you.

There may also be other options available to you, depending on your Estate Valuation, your income and projected needs over your lifetime, in terms of Trusts and Financial planning to reduce any Inheritance Tax liability, again it is worthwhile seeking expert advice in relation to this.

Gifting

You may well benefit from making gifts during your lifetime, but this may not be possible for everyone.

Once you have a better idea of your Estate Valuation, who you want to benefit from your Estate upon your passing and whether you have any Inheritance Tax Liability, you may want to consider whether you could benefit from making gifts during your lifetime.

Each of us is able to make gifts of £3,000 each year without attracting any Inheritance Tax liability (and we can carry this over for one-year too!).

However, any gifts that exceed this may still be liable for Inheritance Tax if made within seven years of your death…again, we would recommend seeking professional advice if you are considering making gifts during your lifetime.

Wishes

Do your loved ones know what your plans are for the future, do you have certain expectations in relation to your later life care (this could be dealt with in a Lasting Power of Attorney) or perhaps even your funeral?

You may even want to give gifts in your Will with a condition attached (upon reaching a certain age, to be used for certain circumstances or only to be received upon meeting a condition).

Setting these out can be really helpful, not only in giving you peace of mind but also in preventing any unnecessary arguments or disputes when you are no longer around.

Charities

Another consideration that may be worth thinking about, is whether you would like to leave anything to Charity upon your passing.

If you are leaving 10% or more of your Estate to a Charity then your Inheritance Tax Liability will be reduced from 40% to 36%.

We are always happy to have a free chat to answer any questions that you may have, offer advice or help you to put something in place.

If you have any questions or would like to discuss putting a Will in place, call us on 01727 865 121 or email us at info@TotalLegacyCare.co.uk for a free consultation

Leah Waller

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23rd October 201923rd April 2020

What to do after being diagnosed with Alzheimer’s Disease

What to do after being diagnosed with Alzheimer’s Disease

Whether receiving a diagnosis for yourself or a loved one, it is a very difficult time, so much information to take in and lots of changes on the horizon. It can be overwhelming.

Depending on where you are on your journey when the diagnosis takes place, may depend on the amount of information you already have and what is available.

Here we set out a simple list of steps that should be taken upon diagnosis to help you set off on the right path…

Knowledge is Power

You may have had experience with Alzheimer’s or Dementia before, or this may well be your first encounter, either way there may be symptoms that you are not aware of or have not experienced before.

The more you can learn the better. The phrase “forewarned is forearmed” comes to mind. The more we know, the better we can prepare.

There is a lot of support around online, groups, professionals, carers, families and individuals that have also been diagnosed all navigating a similar journey. Linking up with these groups and support can be beneficial mentally and emotionally.

Allow yourself to feel

As we have said, receiving a diagnosis for yourself or a loved one, is a very difficult time, so much information to take in and lots of changes on the horizon. Allowing yourself to go through the emotions you are feeling is okay.

You are not superhuman or a robot and taking time to acknowledge and process those emotions is invaluable.

There is no ‘correct path’ of emotions to take and so feelings of sadness, anger, frustration, disappointment and disbelief are all natural feelings.

Getting into a Routine

Getting organised and into a routine can really help, not only in terms of getting into good habits but to help set out early where everyone is, what should be done when and to know what is expected when. This is vital as the Alzheimer’s or Dementia progresses as routine and structure will be a necessity.

Alzheimer’s affects memory and so having a structured routine can help keep track of medication, appointments, activities and day-to-day tasks.

Routine can help to reduce stress, anxiety and frustration and increase independence and feelings of security.

Ensure your LEGAL and FINANCIAL affairs are in order

Managing your financial and legal affairs is impossible once capacity is lost.

A diagnosis of Alzheimer’s or Dementia does not automatically mean that capacity is lost and so arranging the correct legal authorities are in place, whilst you have capacity to do so is vital.

You may consider reviewing your Will but also putting Lasting Powers of Attorney in place so that the person that you choose, and trust, has the authority to deal with your matters (financial, property, health and welfare) when you are no longer able to do so.

We are always happy to have a free chat with you about this – CLICK HERE

Look at what CAN be done

Once a diagnosis is received is very easy to see this as a disabling disease that will only get worse and therefore discount capabilities, activities and all those things that were much loved prior to the diagnosis.

THIS DOESN’T HAVE TO BE THE CASE!

It is so important to consider what can still be achieved, the preferences, opinions and desires of the person living with Alzheimer’s.

A diagnosis doesn’t always mean that a person is incapable and they won’t necessarily lose their desire to carry out those activities that they used to love. Being able to carry this on for as long as is safe can be great for independence, self-esteem not to mention physical, emotional and mental wellbeing.

Consider a Care Plan

It is inevitable that as the Alzheimer’s or Dementia progresses the need for care will increase, as will appointments with an array of professionals.

There may be a range of people helping with care, loved ones, family, friends and professionals, and a care plan can assist with setting out who is responsible for what, what is expected and when this is expected.

Having a plan for now, as well as having discussions about what may be needed as the condition progresses, and how this could be catered for can save a lot of stress in the future.

Diagnosis is NOT the End

It is natural to feel that there is no light at the end of the tunnel or struggle to see what there is to be grateful for when receiving a diagnosis of Alzheimer’s or Dementia as the road ahead can seem somewhat bleak and overwhelming however, this doesn’t have to be the case.

Taking into account point 5 above and looking at what can be done means that it is not the end…fun can still be had, knowledge can still be gained and relationships can still develop.

Yes, things will be different but that does not mean it has to be worse.

You are NOT alone

Remember, whether you are the one that has been diagnosed, a loved one or caregiver…you are NOT alone.

There are lots of support groups out there, those that you can attend locally and National support groups that you can access online.

We have a list of upcoming events that maybe local to you on our website HERE.

There are no stupid questions and so we should not be afraid to ask for help or assistance.

Everyone’s journey is different, neither right nor wrong. We all have different experiences and can learn something new.

If you would like a free chat to see how we can help or if you have any questions please do not hesitate to get in touch for a FREE consultation on info@TotalLegacyCare.co.uk or 01727 865 121

Dementia TLC

Did you know we have a whole website dedicated to Dementia, those living with Dementia and their Caregivers?

Check it out HERE!

Leah Waller

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2nd October 201923rd April 2020

Wouldn’t it be great if we could predict the future?

Wouldn't it be great if we could predict the future?

We all have busy lives and so sometimes just predicting what today is going to ring is an achievement, let alone way into the future! It would be great though, wouldn’t it 😉

Unfortunately, none of us know what is just around the corner and so planning for it is key. That is where Lasting Powers of Attorney (LPAs) come in! LPAs are relevant during your lifetime and ensure that someone that you trust and have appointed as your Attorney can act on your behalf when you are unable to. Check out our article, Why Do YOU need an LPA? 5 reasons YOU should put your LPA in place for more information on LPAs.

We all know that age is going to hit us hard at some point but that ‘point’ is way off in the future, right? Unfortunately, this may not be the case…

Just looking at a few celebrities, we can see that an LPA may be needed a lot sooner than we would have hoped!

Chris Tarrant was just 67 years of age when he suffered a stroke that led to an emergency operation and ongoing rehabilitation to help him to regain his speech and physical movement.

Michael Schumacher was only 44 years old when a skiing accident resulted in him being placed into a medically induced coma (for six months!) and suffering life-threatening head injuries.

Micahel Schmacher is a father of two children, who were aged just 14 and 16 at the time of the accident.

Richard Hammond was involved in an awful car accident whilst filming for Top Gear at the age of just 37 causing major brain damage after being in a coma for two-weeks, this also led to significant memory loss and depression.

However, it is not just celebrities that this happens to and when we take a look at the facts, they are hard-hitting! Just a couple of statistics for you:

Every 90-SECONDS, someone in the UK is admitted to hospital with a brain injury;
Every THREE-MINUTES, someone in the UK is diagnosed with Dementia (and this is not just a condition that affects those over 65!);
Every FIVE-MINUTES, someone in the UK suffers from a stroke;
One in Six people within the UK will have a stroke during their lifetime;

So, enough of the doom and gloom….

What can we do to ensure we are protected, plan for our future and our family’s future and give us some much needed peace of mind?

The answer is a simple one…. Get your Lasting Powers of Attorney in place whilst you still have capacity to do so!

There are two types of Lasting Power of Attorney:

Health & Welfare Lasting Power of Attorney; and
Property & Financial Affairs Lasting Power of Attorney.

(to find out more about these check out our article Why do I need an LPA?)

An LPA allows you to appoint an Attorney, or Attorneys, to make decisions for you, and on your behalf when you are unable to. This could just be a temporary measure due to a temporary loss of capacity either physically or mentally or a more permanent arrangement.

You can give your Attorneys guidance and state your preferences, should you choose to do so, within your LPAs and set out the extent of the power that you want your Attorneys to have.

So, what if you don’t get around to getting these all important LPAs in place?

If you do not register LPAs whilst you have the capacity to do so then you lose control to a certain extent as it is then for your loved ones, or a professional, to apply to the Court of Protection for a Deputyship Order in order to manage your financial affairs on your behalf.

This process is costly – a court fee of £385, not to mention legal fees if you seek legal advice and potentially a fee for a professional to verify your lack of capacity to support the application being made, and timely – the application can take around 4 months to be granted from the date of submission however, if there are objections made to the application then this process can take 9-12 months!

Once you have lost capacity you lose the ability to choose who you want to appoint to manage your affairs for you and ultimately the choice is left to the Court of Protection – this may not be who you would have chosen had you been able to make the choice yourself.

You also lose the opportunity to give guidance to your appointed Attorneys and advise of your preferences.

In relation to your health and welfare, if you do not make an LPA to cover this whilst you have the capacity to the Court of Protection will be reluctant to appoint a Deputy in relation to your healthcare decisions unless the circumstances are extremely complex. Again, meaning you lose the control to appoint who you trust to make decisions on your behalf.

Getting an LPA in place doesn’t have to be complicated, time consuming or expensive and can ensure that you have peace of mind and take the burden away from those closest to you.

If you would like a free chat to see how we can help or if you have any questions please do not hesitate to get in touch for a FREE consultation on info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

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4th September 201928th October 2020

What happens without a Lasting Power of Attorney?

Court of Protection:
What happens without a Lasting Power of Attorney?

So, we tell you all the time how important WE think it is to have an LPA in place and it is never too early (once you’ve hit 18 of course!) to get one in place, BUT WHY?

Well, put simply if you don’t have a Lasting Power of Attorney in place and you lose capacity or are unable to make decisions for yourself (whether temporarily or on a more permanent basis) then you will need to have a Deputy appointed by the Court…as you can imagine, this is not a quick process nor is it cheap!

So, let’s take a look at exactly what is involved in obtaining a Deputyship Order, what it means and how you can ensure you are covered.

Just in case you have missed our other articles on Lasting Powers of Attorney (LPAs); there are two types of LPA, one to cover your property and financial affairs and another that will cover your health and welfare decisions. An LPA can only be put in place by you when you have capacity to do so to allow someone to act for you, step into your shoes if you like, when you are unable to do so. The property and financial LPA can be used by your Attorney (if you want them to) at any time after it has been registered, not just when you lose capacity!

However, what happens when you haven’t yet got around to putting an LPA in place and you lose capacity?

Well let’s take a look at what happens to your property and financial affairs first…

An application will need to be made to the Court of Protection to appoint a Deputy to look after and manage your finances and property, once you have lost capacity and are unable to do so, BUT…

Once you have lost capacity, you also lose the THE CHOICE of who you want to handle your property and financial affairs.

Once you have lost capacity, it is for the Court of Protection to decide who is best to handle your affairs for you…this may not be the person that you would have appointed.

The Court of Protection will choose a Deputy that they think is suitable to manage your affairs and although your past and present feelings may be taken into consideration this is difficult once capacity is lost.

It will be down to your loved ones to apply to the Court of Protection for the Deputyship Order and this can be a huge burden that you wouldn’t want anyone to endure, let alone those closest to you.

The list of those eligible to apply for a Deputyship Order is quite extensive and includes one of your relatives, a close friend, a professional or anyone that has an interest in you and your affairs. However…this doesn’t change the fact that you have no control over this and that you are leaving it up to one of your loved ones to make the application and for the Court to decide whether they are deemed suitable to act as your Deputy.

The power that the Court appointed Deputy has will be limited to what is stated within the Deputyship Order. This may not be as far reaching as an LPA would allow and so it may well be necessary to return to Court to have this extended.

An LPA allows you to set out any restrictions, preferences and guidance that you want to leave for your appointed Attorneys, you will be unable to do so in a Deputyship Order.

To make the application to the Court of Protection, a fee of £385 (current rate in 2019) is also payable to the Court.

This does not include any legal fees and so if you seek legal advice or assistance in completing and submitting application, this will be an additional cost.

There may also be fees that are payable to the professional that has to verify that you no longer have capacity and thus require a Deputy to be appointed.

In addition to this, there are annual fees payable to the Court of Protection for Deputyship Orders.

As you can imagine, some of the decisions in relation to your financial affairs are pretty time sensitive. However, an application for a Deputyship Order usually takes 3-4 months to be made, from the date that the application is submitted. This is where there are no objections to the application, this can be much longer, and very different, if any objections are raised.

Where objections are raised and the matter has to be heard before a Judge, the process can take nine months or longer to conclude

For Health and Welfare matters, things are a bit more complex.

If you have not made an LPA in relation to your Health and Welfare prior to losing capacity then it is quite rare for the Court of Protection to appoint a Deputy for you in relation to these matters.

An application can be made, again to the Court of Protection, in much the same way as it is made for a Deputyship Order in relation to your property and financial affairs but are usually only appointed in complex circumstances.

Again, meaning that you lose the control and choice to appoint who you want to be able to make those decisions on your behalf and also lose the ability to put preferences and guidance in place for your Attorneys to take the decisions that you would have made had you been able, and had the capacity, to do so.

THE PROCESS…

Let’s take a brief look at the process for applying for a Deputyship Order for those situations where an LPA hasn’t been registered prior to losing capacity.

We briefly mentioned (above) that the list of those that are eligible to make the application for a Deputyship Order is quite extensive, but in order to be successful, the applicant will need to show that they have a good knowledge of your finances and property affairs and will also have to demonstrate, with verification from a professional, that you no longer have capacity to make decisions in relation to your own financial and property matters.

Upon making the application to the Court of Protection a Court Fee of £385 Present 2019 rate) is also payable, whether successful or not. An additional fee may be charged by the professional that verifies your capacity. If the applicant seeks legal advice and assistance in completing and submitting the application to the Court of Protection, this will incur additional fees.

There are also ongoing fees, paid annually, to the Court of Protection in relation to Deputyship Orders that are made.

The application will then be accepted and issued by the Court of Protection and the applicant will need to serve a copy of the application on all those that they believe have an interest in the application being made and those directed by the Court and within the Court Guidance (known as the Respondents).

The Respondents are then given an opportunity to respond to the application.

If no objections are received to the application from any of the Respondents then the Court of Protection will make a Deputyship Order and this is usually done within four months of the application being submitted.

However, if any objections are received then a Hearing will be listed in front of a Judge to consider the matter and the objections. This will not only delay the Deputyship Order being made but will also increase costs as it is likely that legal representation and advice will be required. The time and expense will differ depending on the number of parties involved and the number, nature and complexity of the objections.

If you have any questions please do not hesitate to get in touch for a FREE consultation.

If you would like a FREE chat to discuss your options, get in touch on info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

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21st August 201923rd April 2020

LPA Certificate Provider

LPAs: Who can be my Certificate Provider and what is their role?

Getting a Lasting Power of Attorney (LPA) in place for your Health & Welfare and your Property & Financial affairs is SO important and can be a relatively stress-free and quick process but you will need a Certificate Provider…

So, what is a Certificate Provider, what do they do and why are they needed?

Well, in order to register your LPA you will need a Certificate Provider to sign the LPA application to certify that you have the capacity to make the application and that you understand the extent of the power that you are giving to your appointed Attorney, or Attorneys.

In order to do this, the Certificate must have knowledge of the TWO-STAGE TEST FOR MENTAL CAPACITY and make a judgement as to whether you (the person applying for the LPA) can understand the information that is relevant to making the decisions within the LPA, whether they are able to retain that information and weigh up the information in order to make a decision and communicate that decision.The Certificate Provider must also be aware of the FIVE PRINCIPLES OF CAPACITY:

You are assumed to have capacity UNLESS it can be established that you do not.

You are to be treated as though you can make decisions UNLESS all practicable steps have been taken to help you make a decision and all have been unsuccessful.

Just because you make an unwise decision it does NOT mean that you lack capacity.

Any decision taken MUST be done or made in your BEST INTERESTS.

PRIOR TO ANY DECISION, consideration must be given to whether it is effectively achieves the purpose in the least restrictive way to your rights and freedoms.

So, who can be a Certificate Provider?

A Certificate Provider must be either:

A PROFESSIONAL CERTIFICATE PROVIDER can be someone over the age of 18 that has the necessary knowledge and experience, because of the skill and profession, to make a judgment as to your capacity.

Frequently used Professional Certificate Providers include, US here at TLC, Solicitors, Estate Planners, Legal Professionals, GPs, Medical Professionals and Social Workers.

A PERSONAL CERTIFICATE PROVIDER can be someone that is over the age of 18 and has known you for at least two years prior to the date on which you apply to register your LPA.

This person will need to be someone that can have a full and frank discussion with you about your capacity and your understanding of the LPA and the consequences of registering such a document.

Who CANNOT be your Certificate Provider?

Your Certificate Provider cannot be under the age of 18.

Your Certificate Provider cannot be one of the people that you have appointed as your Attorney in the LPA you are applying for.

Your Certificate Provider cannot be one of the people that you have appointed as a replacement Attorney in the LPA you are applying for.

Your Certificate Provider cannot be one of your family members (this includes your boyfriend/girlfriend, partner, in-laws and step-relatives).

Your Certificate Provider cannot be a family member of the appointed Attorneys (this includes their boyfriend/girlfriend, partner, in-laws and step-relatives).

Your Certificate Provider cannot be your Business Partner.

Your Certificate Provider cannot be your appointed Attorneys’ Business Partner.

Your Certificate Provider cannot be your employee.

Your Certificate Provider cannot be an employee of your appointed Attorneys.

Your Certificate Provider cannot be someone that works for a Trust Corporation that is appointed as your Attorney.

Your Certificate Provider cannot work for the Care Home where you live (if you reside in a Care Home), or a family member of someone working for the Care Home. This includes the owner, manager, directors, staff and employees.

What next?

Once the above has been satisfied, the Certificate provider will sign and date the LPA application and confirm that you understand the LPA, its purpose and consequences, that you are under no undue pressure or influence to sign the LPA, that no act of fraud is being committed and that there is nothing that would prevent that LPA from being registered by the Office of the Public Guardian.

If you have any questions please do not hesitate to get in touch for a FREE consultation.

If you would like a FREE chat to discuss your options, get in touch on info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

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10th July 201923rd April 2020

Why Do YOU need an LPA? 5 reasons YOU should put your LPA in place

5 reasons
YOU should put your
LPA in place

You will know by now that here at TLC we are passionate about EVERYONE having Lasting Powers of Attorney in place! Contrary to popular belief they are not just something that should be considered as we get older.

So, we have set out below our FIVE top reasons for getting your LPAs in place. This is, of course, just the tip of the iceberg and there are many many more reasons but these should be enough to prompt you…

Having PEACE OF MIND is paramount.

Knowing that all of your property & financial affairs and your health & welfare decisions are in order and can be dealt with by your Attorneys, should you be unable to do so – whether that be because you are physically unable to or because you lack the capacity to do so – will not only put your own mind at ease but will also remove the emotional and financial burden from your loved ones should the situation arise that your LPA is needed.

Taking the decision to put your Lasting Powers of Attorney in place means that you have the control.

YOU DECIDE who you want to appoint as your Attorneys (and can also appoint replacement Attorneys).

If you do not put LPAs in place and your loved ones/caregivers are put in a situation where an application has to be made to the Court of Protection to appoint a Deputy to make decisions on your behalf, then the Court will decide who to appoint and this may not be the person/people that you would have chosen.

Putting your LPAs in place means that you are able to GIVE SPECIFICS not only as to who you want to appoint as Attorneys but also in relation to how they will act; whether they can take decision on their own or whether decisions must be made unanimously by all Attorneys, or perhaps some decisions are to be taken by a specific Attorney or unanimously – this can all be provided for.

Your LPAs will also state when they can be used, whether this will be immediately or only when you lose capacity to make decisions.

You can also state your preferences and put in any restrictions that you want your Attorneys to abide by, giving you the ultimate control and peace of mind.

Putting your Lasting Powers of Attorney in place and getting them registered whilst you still have capacity is so important – TIME IS OF THE ESSENCE.

You are unable to register your LPAs once you have lost capacity and so your loved ones/caregivers will have to make an application to the Court of Protection to appoint a Deputy to make decisions on your behalf, then the Court will decide who to appoint and this may not be the person/people that you would have chosen. This process will take a minimum of four months – all whilst important (and urgent!) decisions cannot be made.

The COSTS of putting Lasting Powers of Attorney in place pale into insignificance compared to the costs involved in making an application to the Court of Protection to appoint a Deputy to make decisions on your behalf. The application fee for the Court of Protection is currently £385 and this does not include any legal costs involved in drafting, finalising and lodging the application nor dealing with any questions or possible objections.

The office of the Public Guardian charges a fee of £82 to register each LPA and each individual should register two LPAs – Health & Welfare and Property & Financial Affairs.